AN  ACT 


I  NCORPORATI NG 


THE  MILL  CREEK 


TOGETHER  WITH  THE  SUPPLEMENTS  THERETO, 


POTTSVILLE : 
PRINTED  BY  BENJ.  B ANNAN 


■ 


AN  ACT 


INCORPORATING 

THE  MILL  CREEK 

AND 

MINE  HILL  NAVIGATION  &  RAIL  ROAD  CO, 


|jasstb  tjjt  7 l|i  bail  rf  Jfelmoitj,  %.  1828, 


TOGETHER  WITH  THE  SUPPLEMENTS  THERETO. 


POTTS VILLE : 
PRINTED  BY  BENJ.  BANNAN, 


1854. 


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I9F03  GaoA.'S^eeA.  'S.-'iO 


AN  ACT 

Authorising  the  Governor  to  incorporate  the  Mill  Creek  and  Mine  Mill 
-  Navigation  and  Rail  Road  Company. 

Sect.  1.  Be  it  enhcted  hy  the  Senate  and  House  of  Representatives 
of  the  Commonwealth  of  Pennsylvania  in  General  Assembly  met,  and 
it  is  hereby  enacted  by  the  authority  of  the  same ,  That  George  C.  Commission- 
Troutman  and  George  M.  Keim,  of  the  county  of  Berks,  and  George  era  appointed 
Hahn  and  John  Schall,  of  the  county  of  Schuylkill,  or  any  two  of  them,  le r iptTon s " ° of 
be  and  they  are  hereby  appointed  Commissioners  to  do  and  perform  the  stock, 
several  things  hereinafter  mentioned,  that  is  to  say  :  they  shall  on  or 
before  the  first  day  of  September  next,  procure  a  sufficient  number  of 
books,  one  or  more  of  which  shall  be  opened  at  some  convenient  place 
in  the  city  of  Philadelphia,  also  in  Reading  and  Orwigsburg  and  Potts- 
ville,  and  in  each  of  them  enter  as  follows:  u  We,  whose  names  are  porm  0f  suh_ 
hereunto  subscribed,  do  promise  to  pay  to  the  President  and  Managers  script  ion. 
of  the  Mill  Creek  and  Mine  Hill  Navigation  and  Rail  Road  Company 
the  sum  ef  fifty  dollars  for  every  share  of  stock  set  opposite  to  our  re¬ 
spective  names  in  such  manner  and  proportions  and  at  such  times  as 
shall  be  determined  by  the  President  and  Managers  of  said  company,  in 
pursuance  of  an  act  of  the  General  Assembly  of  this  Commonwealth,  en¬ 
titled  “  An  act  authorising  the  Governor  to  incorporate  the  Mill  Creek 
and  Mine  Hill  Navigation  and  Rail  Road  Company.”  Witness  our 
hand  this  day  of  in  the  year  of  our 

Lord,  one  thousand  eight  hundred  and  twenty  And  shall 

thereupon  give  notice  in  one  or  more  newspapers  printed  in  the  city  of  Notice  of  the 
Philadelphia ;  two  in  Berks  county,  and  two  papers  printed  in  Schuyl-  P.1®' 

kill  county,  for  one  calendar  month  at  least,  of  the  times  and  places,  lng  gubserip- 
when  and  where  the  said  books  shall  be  kept  open  to  receive  subscrip-  tions  to  be  gi- 
tions  for  the  stock  of  the  said  Company,  at  which  respective  times  and  ven' 
places  one  or  more  of  the  Commissioners  shall  attend  and  permit  all 
persons  of  lawful  age,  who  shall  offer  to  subscribe  in  said  books  in  their 
own  names,  or  in  the  name  of  any  other  person,  who  shall  authorise  the 
same,  for  any  number  of  shares  in  the  said  stock  ;  and  the  said  books 
shall  be  kept  open  respectively  for  the  purpose  aforesaid  at  least  six 
hours  in  every  juridical  day  for  the  space  of  ten  days,  or  until  there 
shall  have  been  subscribed  the  number  of  one  thousand  shares ;  and  ^  ^rh°|?fehna‘|!nv 
at  the  expiration  of  ten  days  the  books  aforesaid  shall  not  have  the  er  0  ares‘ 
number  of  shares  aforesaid,  or  any  of  them,  therein  subscribed,  the  said 
Commissioners  may  adjourn  from  time  to  time  and  transfer  the  books 
elsewhere,  until  the  whole  number  of  one  thousand  shares  shall  be  sub-  May  adjourn 
scribed,  of  which  adjournment  and  transfer  the  Commissioners  afore-  tranilfer 
said  shall  give  public  notice  as  the  occasion  may  require  •  and  when 
the  whole  number  of  shares  shall  be  subscribed,  then  the  book  shall  be 
closed  :  Provided  always ,  that  every  person  offering  to  subscribe  in  the 


4 


Proviso.  said  books  in  his  own  or  any  other  name,  shall  previously  pay  to  the  at¬ 
tending  Commissioners,  the  sum  of  five  dollars  for  every  share  to  be 
subscribed,  out  of  which  shall  be  defrayed  the  expenses  attending  the 
taking  of  such  subscription  and  other  incidental  expenses,  and  the  re¬ 
mainder  shall  be  paid  to  the  treasurer  of  the  incorporation  as  soon  as 
the  same  shall  be  organised  and  the  officers  chosen  as  hereinafter  men¬ 
tioned. 

Sect.  2.  And  be  it  further  enacted,  by  the  authority  aforesaid,  That 
When  lett  w^en  one  thousand  shares  or  more  of  the  said  stock  shall  be  subscribed 
paten"  may*bean<^  ^ve  dollars  on  each  share  paid,  the  Commissioners,  or  a  majority  of 
granted  bv  them,  may  certify  to  the  Governor,  under  their  hand  and  seals,  the 
the  Governor.  names  0f  the  subscribers,  and  the  number  of  shares  subscribed  by  each  ; 

whereupon,  the  Governor  shall  by  letters  patent  under  his  hand  and  the 
seal  of  the  Commonwealth,  create  and  erect  the  subscribers,  and  if  the 
subscription  be  not  full  at  the  time,  then  also  those  who  shall  thereafter 
subscribe  to  the  number  of  shares  as  aforesaid,  into  a  body  politic  and 
corporate,  in  deed  and  in  law,  by  the  name,  style  and  title  of  “  The 
Style  of  the  President  and  Managers  of  the  Mill  Creek  and  Mine  Hill  Navigation 
Company.  and  Rail  Road  Company  f  and  by  the  same  name  the  subscribers  shall 
Powers  and^ave  PerPetua^  succession,  and  all  the  privileges  and  franchises  incident 
privileges.  to  a  corporation,  and  shall  be  capable  of*  taking  and  holding  their  capital 
stock  and  the  increase  and  profits  thereof,  and  of  enlarging  the  same, 
from  time  to  time  by  new  subscriptions,  in  such  manner  and  form,  as 
they  shall  think  proper,  if  such  enlargement  shall  be  found  necessary 
to  fulfil  the  intentions  of  this  act,  and  of  purchasing,  taking  and  holding 
to  them  and  their  successors  and  assigns,  in  fee  simple,  or  for  any  les¬ 
ser  estate,  all  such  lands,  tenements,  hereditaments  and  estate,  real  and 
personal,  as  shall  be  necessary  to  them,  in  the  prosecution  of  their 

works,  and  of  suing  and  being  sued,  and  of  doing  all  and  every  other 

matter  or  thing,  which  a  corporation  or  body  politic  may  lawfully  do. 

Sect.  3.  And  be  it  f  urther  enacted  by  the  authority  aforesaid,  That 
the  three  first  named  persons,  or  a  majority  of  them,  shall  as  soon  as 
Mode  of  or-  conveiliently  may  be  after  the  said  letters  patent  shall  be  obtained, 
ganizing  the  give  at  least  twenty  days’  notice,  in  all  the  newspapers  hereinbefore 

Company.  mentioned,  of  the  time  and  place  by  them  appointed  for  the  subscribers 

to  meet,  in  order  to  organise  the  said  Company,  and  to  choose,  by  a 
majority  of  votes  of  the  said  subscribers,  by  ballot,  to  be  given  in  per- 
Officers  to  be  S0Ilj  or  by  pr0xy  duly  authorised,  one  President  and  ten  Managers,  a 
Treasurer,  Secretary,  and  such  other  officers  as  shall  be  deemed  neces¬ 
sary,  which  proxy  shall  have  been  obtained  and  bear  date  within  three 
months  previously  to  the  election  at  which  such  proxy  shall  be  present¬ 
ed  ;  that  the  President  and  Managers  aforesaid,  shall  conduct  the  busi¬ 
ness  of  said  Company,  until  the  third  Monday  of  January  then  next, 
and  until  like  officers  shall  be  chosen ;  and  may  make  such  by-laws, 
rules,  orders  and  regulations  as  do  not  contravene  the  Constitution  and 
Laws  of  the  United  States  or  of  this  State,  and  that  may  be  necessary 
for  the  well  governing  the  affairs  of  the  Company. 

Sect.  4.  And  be  it  further  enacted  by  the  authority  aforsaid,  That 
the  stockholders  shall  meet  on  the  last  Monday  of  December,  in  every 
Of  annual  year,  at  such  place  as  may  be  fixed  upon  by  the  by-laws,  of  which  no- 
eleciions.  tice  shall  be  given  at,  least  twenty  days  by  the  Secretary,  in  the  news- 


chosen. 


Of  proxies. 


By-Laws. 


papers  before  mentioned,  and  choose  by  a  majority  of  votes  present 
their  officers  for  the  ensuing  year,  mentioned  in  the  third  section  of 
this  act,  who  shall  continue  in  office  for  one  year  and  until  others  are 
chosen,  and  at  such  other  times  as  they  may  be  summoned  by  the  Man¬ 
agers,  in  such  manner  and  form  as  shall  be  prescribed  by  the  by-laws, 
at  which  annual  or  special  meeting  they  shall  have  full  power  and  au¬ 
thority  to  make,  alter  or  repeal,  by  a  majority  of  votes,  either  the  whole 
-or  any  part  of  the  same,  in  manner  aforesaid,  and  to  do  and  perform 
any  other  corporate  act,  and  each  person  shall  be  entitled  to  one  vote  for 
each  share  not  exceeding  twenty,  by  him  or  her  held,  for  every  five  ad¬ 
ditional  shares  one  vote. 

Sect.  5.  And  be  it  further  enacted  by  the  authority  aforesaid ,  That 
the  said  President  and  Managers  shall  meet  at  such  times  and  places  0f  special 
as  shall  be  found  most  convenient  for  the  transacting  of  their  business,  meetings  of 
and  when  met,  five  shall  be  a  quorum,  who,  in  the  absence  of  the  Pre-jJ^  BCToard  of 
sident,  may  choose  a  chairman,  and  shall  keep  minutes  of  their  trans-  B 
actions,  fairly  entered  in  a  book,  and  a  quorum  being  formed,  they  shall 
have  full  power  and  authority  to  appoint  all  such  surveyors,  engineers,  Their  pow- 
superintendents,  and  other  artists  and  officers,  as  they  shall  deem  neces- ersand  duliesi- 
sary  to  carry  on  the  intended  work,  and  to  fix  their  salaries  and  wages, 
to  ascertain  the  times,  manner  and  proportions  in  which  the  said  stock¬ 
holders  shall  pay  the  moneys  due  on  their  respective  shares,  to  draw  or¬ 
ders  on  the  Treasurer,  and  generally  to  do  all  such  other  acts,  matters, 
and  things,  as  by  this  act  and  by  the  by-laws  and  regulations  of  the 
Company  they  are  authorised  to  do  :  Provided ,  that  such  drafts  or  or-  p 
ders  be  signed  by  the  President,  or,  in  his  absence,  by  a  majority  of  the  1 ,0V1S0‘ 
Managers  present. 

Sect.  6.  And  be  it  further  enacted  by  the  authority  aforesaid ,  That 
the  President  and  Managers  first  chosen  shall  procure  certificates  or  Certificates  of 
evidence  of  stock  for  all  the  shares  of  the  said  Company,  and  shall  de-  pr°cured°  be 
liver  one  such  certificate,  signed  by  the  President  and  countersigned  by 
the  Treasurer,  and  sealed  with  the  common  seal  of  the  said  corporation, 
to  each  person,  for  every  share  by  him  subscribed  and  held  ;  which  cer¬ 
tificate  or  evidence  of  stock  shall  be  transferable  at  his  pleasure,  in  Of  their  trans- 
person  or  by  attorney  [duly  authorised  in  the  presence  of  the  President  *er‘ 
or  Treasurer,  each  of  whom  shall  keep  a  book  for  that  purpose]  subject 
however  to  all  payments  due  or  to  become*  thereon ;  and  the  assignee 
holding  any  certificate,  having  first  caused  the  assignment  to  be  entered 
in  the  book  of  the  Company  to  be  kept  for  the  transfer  of  stock,  shall  Rights  of  as- 
be  a  member  of  the  said  corporation,  and  for  every  certificate  assigned  signees. 
to  him  as  aforesaid,  shall  be  entitled  to  one  share  of  the  capital  stock, 
and  of  all  the  estates  and  emoluments  of  the  Company,  incident  to  one 
share,  and  to  vote  as  aforesaid  at  the  meetings  thereof,  and  subject  to 
all  penalties  and  forfeitures,  and  of  being  sued  for  all  the  balance  and 
penalty  due  or  to  become  due  on  each  share  as  the  original  subscribers 
would  have  been. 

Sect.  7.  And  be  it  further  enacted,  by  the  authority  aforesaid ,  That  Penalty  tor 
if  after  thirty  days’  notice  in  the  public  papers  aforesaid  of  the  time  and  laments’ 
place  appointed  for  the  payment  of  any  proportion  or  instalment  of  the 


*The  word  “  due  ”  appears  to  be  wanting  in  the  original. 


Suits 
however 
brought. 

Proviso. 


may, 


said  capital  stock,  in  order  to  carry  on  the  work,  any  stockholder  shall 
neglect  or  refuse  to  pay  such  proportion  or  instalment  at  the  place  ap¬ 
pointed  for  the  space  of  thirty  days  after  the  time  so  appointed,  every 
such  stockholder  or  his  assignee  shall  in  addition  to  the  instalment  so 
called  for  pay  at  the  rate  of  two  per  centum  per  month  for  the  delay  of 
such  payment,  and  if  the  same  and  additional  penalty  shall  remain  un¬ 
paid  for  such  space  of  time  as  that  the  accumulated  penalty  shall  be- 
shares shaUbe come  e(lua^  the  sum  before  paid  in  part  and  on  account  of  such 
forfeited.  shares,  the  same  shall  be  forfeited  to  the  said  Company,  and  may  be 
sold  to  any  person  or  persons  willing  to  purchase,  for  such  price  as  can 
be  obtained  for  the  same,  or  in  default  of  payment  by  any  stockholder 
of  any  such  instalment  as  aforesaid,  the  said  President  and  Managers 
may,  at  their  election,  cause  suit  to  be  brought  before  an  alderman  or 
justice  of  the  peace,  or  in  any  court  having  competent  jurisdiction,  for 
be  the  recovery  of  the  same,  together  with  the  penalty  aforesaid  :  Provi¬ 
ded ,  that  no  stockholder,  whether  original  subscriber  or  assignee,  shall 
be  entitled  to  vote  at  any  election  or  at  any  general  or  special  meeting 
of  the  Company  on  whose  share  or  shares  any  instalment  or  arrearages 
may  be  due  and  payable  more  than  thirty  days  previously  to  the  said 
election  or  meeting. 

Sect.  8.  And  be  it  further  enacted  by  the  authority  aforesaid ,  That 
Authority  to  it  shall  and  may  be  lawful  for  the  said  President,  Managers  and  Com- 
a  ^nal>  pany  to  make  a  complete  canal  or  slack  water  navigation  or  rail  road, 
navigation0  or  in  the  whole  or  in  part,  as  to  them  shall  seem  most  expedient,  from  a 
rail  road.  point  at  or  near  the  mouth  of  Mill  Creek,  on  the  river  Schuylkill,  to  a 
point  on  the  Centre  turnpike,  at  or  near  the  foot  of  the  Broad  Mountain, 
for  the  passage  up  as  well  as  down  the  said  canal  or  rail  road  of  every 
kind  of  arks,  rafts,  boats  and  craft,  adapted  to  the  navigation  of  the 
same,  with  such  locks,  sluices  and  other  works  as  shall  be  necessary,  and 
make  use  of  the  water  of  any  creek  or  streams  of  water  on  or  near 
the  intended  route  of  said  canal,  for  the  purpose  of  supplying  the  same 
with  water :  Provided ,  that  no  injury  shall  be  done  to  any  individual 
without  just  and  reasonable  compensation  therefor,  in  the  manner  pro¬ 
vided  by  the  ninth  section  of  this  act. 

Sect.  9.  And  be  it  further  enacted  by  the  authority  aforesaid ,  That 
the  President,  Managers  and  Company  shall  have  power  and  authority 
enter^0 u  pVn  by  themselves,  or  their  superintendents,  engineers,' artists  and  workmen, 
lands  m  the  to  enter  upon  any  lands  in  any  part  or  place  thereof  which  appear  to 
fheiT  works  °*  ^em  most  convenient  and  best  adapted  for  the  route  of  said  canal  or 
e  rail  road,  and  to  cut,  break  and  remove  and  take  away  all  trees,  rocks, 

stones,  earth,  gravel  and  sand,  or  other  materials,  or  any  obtsruction  or 
impediment  whatsoever  on  the  said  route,  and  to  use  all  such  timber, 
rocks,  stones,  gravel  and  earth,  or  other  materials  which  may  be  found 
necessary  in  the  prosecution  of  their  works ;  and  to  form,  make  and 
To  erect  locks  erect  and  set  up  all  such  locks,  sluices  and  devices  whatsoever,  which 


Proviso. 


sluices,  &c. 


And  make 
rail  road. 


they  shall  deem  most  fit  and  convenient  to  make  a  complete  canal  navi¬ 
gation  or  rail  road,  from  one  end  thereof  to  the  other,  so  as  to  admit  a 
safe  and  easy  passage  for  loaded  boats,  arks,  and  every  kind  of  vessel 
and  craft,  up  as  well  as  down  the  said  canal,  and  to  make  and  use  all 
such  means  by  collateral  sluices,  locks  and  devices  as  they  may  deem 
eligible  and  suitable  for  the  said  navigation,  or  to  make  a  complete  rail 


7 


road  of  iron,  timber  or  other  proper  materials,  as  the  said  President 
and  Managers  shall  determine,  either  in  the  whole  or  in  part  of  said 
distance,  satisfying  the  owner  or  owners  therefor ;  but  if  the  parties  can¬ 
not  agree  upon  the  compensation  to  be  made  to  such  owner  or  owners, 
it  shall  and  may  be  lawful  for  the  parties  to  appoint  six  suitable  and  ju¬ 
dicious  persons  within  the  proper  county  where  the  land  lies,  or  if  they 
cannot  agree  on  such  persons  then  either  of  the  parties  may  apply  to 
the  Court  of  Common  Pleas  of  the  proper  county  where  the  land  lies, 
and  said  court  shall  award  venire  directed  to  the  Sheriff,  to  summon 
a  jury  of  disinterested  men,  in  order  to  ascertain  and  report  to  the  said 
court  what  damages,  if  any,  have  been  sustained  by  the  owner  or  own¬ 
ers  of  said  ground  by  reason  of  such  lock,  canal  or  sluice  passing 
through  his,  her  or  their  land,  which  report  being  confirmed  by  the 
court,  judgment  shall  be  entered  thereon  and  execution  may  issue,  in 
case  of  non-payment,  for  the  sum  awarded,  with  costs,  to  be  assessed 
by  the  court;  and  it  shall  be  the  duty  of  the  jury  or  six  appraisers,  as 
the  case  may  be,  in  valuing  any  land,  to  take  into  consideration  the  ad¬ 
vantages  derived  to  the  owner  or  owners  of  the  premises  from  the  said 
navigation  passing  through  the  same  :  Provided ,  that  either  party 
may  appeal  to  the  court  within  thirty  days  after  such  report  may  have 
been  filed  in  the  Prothonotary’s  office  of  the  proper  county,  in  the  same 
manner  as  appeals  are  allowed  in  other  cases. 

Sect.  10.  And  be  it  further  enacted  by  the  authority  aforesaid,  That 
the  President  and  Managers  by  and  with  their  superintendents,  engi¬ 
neers,  artists,  workmen  and  laborers,  with  their  tools  instruments,  carts, 
wagons  and  other  carriages,  and  beasts  of  draft  and  burden  may  enter 
upon  the  lands  contiguous  and  near  to  the  said  streams,  giving  notice 
to  the  owners  or  occupiers  thereof,  and  from  thence  take  and  carry  away 
any  stone,  sand,  gravel  or  earth,  doing  as  little  damage  thereto  as  pos¬ 
sible,  and  repairing  any  breaches  they  make  in  the  enclosures  thereof, 
and  making  amends  for  any  damages  that  may  be  done  to  the  improve¬ 
ments  thereon,  and  paying  for  the  materials  taken  away,  the  amount 
whereof,  if  the  parties  do  not  agree,  shall  be  assessed  and  valued  by 
any  three  freeholders  residing  in  the  neighborhood,  under  oath  or  affir¬ 
mation,  to  be  appointed  by  consent  of  the  parties,  or  if  they  cannot 
agree,  by  any  disinterested  Justice  of  the  Peace,  of  the  proper  county. 

Sect.  11.  And  be  it  further  enacted  by  the  authority  aforesaid ,  That 
as  soon  as  the  President,  Managers  and  Company  shall  have  perfected 
three  miles  on  the  said  canal  or  rail  road,  and  so  from  time  to  time,  as 
they  shall  perfect  additional  miles  they  shall  give  notice  thereof  to  the 
Governor,  who  shall  thereupon  nominate  and  appoint  three  disinterested 
persons  to  view  and  examine  that  part  said  to  be  completed  and  to  make 
report  to  him  in  writing  whether  the  said  navigation,  or  rail  road,  is  so 
far  executed  in  a  masterly,  workmanlike  manner,  according  to  the  true 
intent  and  meaning  of  this  act ;  and  if  at  any  time  their  report  shall  be 
in  the  affirmative,  then  the  Governor  shall  by  license  under  his  hand 
and  the  lesser  seal  of  this  Commonwealth,  permit  the  said  President, 
Managers  and  Company,  or  such  person  or  persons  as  they  shall  from 
time  to  time  appoint  toll  collectors,  or  their  deputies,  to  demand  and 
receive  of  and  from  the  persons  having  the  charge  of  any  boat,  ark  or 
other  vessel  upon  the  said  navigation  or  rail  road,  a  sum  not  exceed- 


Froceedings 
where  parlies 
cannot  agree 
as  to  dam¬ 
ages. 


Proviso. 


May  enter  up¬ 
on  lands  for 
stone,  gravel, 
&c.,  first  giv¬ 
ing  nolice  and 
making  a- 
mends  for  da¬ 
mages. 


On  the  com¬ 
pletion  of  3 
miles  notice 
to  be  given  to 
the  Governor, 
and  viewers 
appointed. 


License  to 
take  toll — 
when  to  be 
granted. 


8 


Of  the  rate  oi 
toll. 


Proviso. 


2d  Proviso. 


3d  Proviso. 


Size  of  rafts, 
arks,  &c., how 
to  be  ascer¬ 
tained. 


Notice  to  be 
given  when 
approaching 
locks. 


mg  fifteen  per  cent,  per  annum,  upon  the  amount  of  moneys  which 
have  been  expended  in  the  completion  of  the  navigation  or  rail  road, 
and  in  the  support,  improvement  and  continuance  of  the  same  from 
time  to  time,  and  for  that  purpose  the  said  President,  Managers  and 
Company  shall  regulate  and  fix  from  time  to  time  as  they  may  think 
proper,  the  rate  of  toll  to  be  paid  to  them  by  all  persons  upon  all 
vessels,  boats,  arks,  rafts  and  every  other  kind  of  craft  using  the  said 
navigation,  and  upon  all  wagons,  carriages  and  conveyances  using  the 
said  rail  road,  sufficient  to  assure  the  payment  of  the  said  fifteen  per 
centum  per  annum :  Provided ,  that  the  rate  of  toll  to  be  charged  upon 
the  said  canal  or  rail  road  shall  at  no  time  exceed  one  per  cent,  per  ton 
per  mile  on  the  ascertained  burthen  or  capacity  of  any  ark,  boat,  craft, 
wagon  or  other  vehicle  whatever  used  on  said  canal  or  rail  road; 
Provided  also ,  that  if  at  any  time  hereafter  the  tolls  should  enable  the 
Company,  after  repairing  all  repairs  and  other  necessary  expenses,  to 
divide  more  than  fifteen  per  centum  per  annum  on  the  capital  stock  ex¬ 
pended1,  then  and  in  such  case  the  tolls  shall  be  so  reduced  that  the  di¬ 
vidends  shall  not  exceed  the  said  sum  of  fifteen  per  centum  per  annum  : 
Provided  also ,  that  no  toll  shall  be  charged  on  coal  boats,  arks,  wagons 
or  other  craft  returning  empty  on  said  canal  or  rail  road :  And  provi¬ 
ded,  that  the  locks  of  said  canal  shall  not  be  less  than  eight  feet  six 
inches  in  width  nor  eighty  feet  in  length. 

Sect.  12.  And  be  it  further  enacted  by  the  authority  aforesaid ,  That 
in  order  to  ascertain  the  size  of  rafts,  arks  and  the  tonnage  of  boats  or 
wagons  using  or  passing  the  said  canal  and  lock  navigation  or  rail 
road,  and  to  prevent  disputes  between  supercargoes  and  collectors  of 
toll  concerning  the  same  upon  the  request  of  the  owner  or  supercargo 
of  such  boat,  raft  or  wagon,  or  the  collectors  of  the  said  tolls  at  any 
lock  upon  the  said  canal  and  navigation,  ©r  the  collector  of  toll  on  any 
part  of  said  rail  road,  it  shall  and  may  be  lawful  for  each  of  them  to 
choose  one  skilful  person  to  measure  and  ascertain  the  size  of  said 
rafts,  arks  or  wagons,  and  the  loading  the  boat,  ark  or  wagon  is  capable 
of  carrying  or  actually  contains ;  and  the  said  boat,  ark  or  wagon  so 
measured  and  the  loading  ascertained,  shall  be  permitted  to  pass  through 
the  said  canal  and  locks  or  rail  road,  for  the  price  per  ton  to  which 
the  number  of  tons  so  ascertained  shall  amount,  agreeably  to  the  rate 
fixed  in  the  manner  aforesaid ;  and  if  the  owner  or  supercargo  of  any 
boat,  raft,  ark  or  wagon  shall  decline  choosing  a  person  resident  within 
the  township  where  the  said  toll  is  payable  to  ascertain  the  tonnage 
thereof,  then  the  amount  of  such  tonnage  shall  be  fixed  and  ascertained 
by  the  person  appointed  for  that  purpose  by  the  President  and  Managers 
or  chosen  by  the  said  collectors  of  tolls  for  the  said  Company,  and  the 
toll  shall  be  paid  according  to  the  said  measurement  before  any  such  boat, 
ark,  raft  or  wagon  shall  be  permitted  to  pass  the  place  where  such  toll 
is  made  payable  by  the  said  President  and  Managers. 

Sect.  13.  And  be  it  further  enacted  by  the  authority  aforesaid ,  That 
it  shall  be  the  duty  of  the  master  or  commander  of  any  boat,  ark  or 
other  vessel,  intending  to  pass  through  said  canal,  when  they  shall  ar¬ 
rive  within  one  fourth  of  a  mile  from  any  lock  so  erected,  under  the 
penalty  of  two  dollars,  to  blow  a  trumpet  or  horn,  whereupon  the  keep¬ 
er  of  such  lock  shall  attend  for  the  purpose  of  opening  the  gate  or 


9 


sluice  to  let  the  said  boat,  ark  or  other  vessel  pass  without  unnecessary 

delay  and  in  safety;  and  if  any  boat,  ark  or  other  vessel  shall  be  pre-  (or 

vented  from  passing  up  or  down  any  of  said  locks  or  sluices,  by  rea-  no®  nraa  i  D°g 

son  of  the  lock  not  being  raised  for  more  than  thirty  minutes,  the  Pres-  locks. 

ident  and  Managers  and  Company  shall,  on  conviction  thereof  before 

any  Justice  of  the  Peace  of  the  proper  county,  forfeit  and  pay  to  the 

person  so  hindered,  the  sum  of  four  dollars,  for  every  twenty  minutes 

beyond  the  said  time  that  he  shall  be  so  prevented,  and  in  the  same 

proportion  for  any  longer  or  shorter  time. 

Sect.  14.  And  be  it  further  enacted  by  the  authority  aforesaid,  That 
if  the  President,  Managers  and  Company  neglect  or  refuse  to  keep  inl>enaltv  for 
good  order  and  repair  the  said  rail  road,  or  any  part  thereof,  or  lock  or  ^orks  ?nPre? 
sluice  of  their  own  construction,  or  shall  neglect  to  remove  any  obsta-  pair, 
cle  that  may  occur,  so  that  the  boats,  arks,  rafts  or  other  vessels  may 
at  all  times  safely  pass  through  the  said  canal,  or  wagons,  carriages  or 
conveyances  along  the  said  rail  road,  the  President,  Managers  and 
Company  shall  for  each  and  every  offence,  pay  the  sum  of  fifty  dollars, 
to  be  recoverable  before  any  Justice  of  the  Peace,  of  the  proper  county,  How  recover- 
where  the  offence  shall  be  committed,  one  half  to  the  use  of  the  infor- a 
mer  and  the  other  half  to  the  use  of  the  poor  of  the  township  where 
the  neglect  may  occur. 

Sect.  15.  And  be  it  further  enacted  by  the  authority  aforesaid,  That 
the  President  and  Managers  of  the  said  Company,  shall  keep  fair  and  Accoun(s  0 1 
just  accounts  of  all  moneys  received  by  them  from  the  said  Commission-  the  Company 
ers  and  from  the  subscribers  to  the  said  undertaking  on  account  of  the  to  be  kePl* 
several  subscriptions  of  all  the  penalties  for  delay  in  the  payment  there¬ 
of,  and  the  amount  of  the  profits  on  the  shares  which  may  be  forfeited 
as  aforesaid,  and  also  all  moneys  by  them  expended  in  the  prosecution 
of  the  said  works,  and  shall  in  every  year  submit  such  accounts  to  the 
stockholders  at  their  annual  meeting,  and  the  aggregate  amount  of  such  And  submit- 
receipts  and  expenditures  shall  be  ascertained,  and  if  upon  such  liqui-  stock* 

dation  or  when  the  capital  stock  shall  be  nearly  expended  it  shall  be 
found  that  the  said  capital  stock  will  be  insufficient  to  complete  the  said  jn  What  case 
navigation  or  rail  road,  according  to  the  true  intent  and  meaning  of  this  the  capital 
act,  it  shall  and  may  be  lawful  for  the  said  President,  Managers  and  ^creasS^  b° 

’  Company  at  a  stated  or  special  meeting,  to  be  convened  for  the  purpose, 
to  increase  the  number  of  shares  to  such  extent  as  shall  be  deemed 
sufficient  to  accomplish  the  work,  and  to  receive  and  demand  the  mo¬ 
neys  for  shares  so  subscribed,  in  like  manner  and  under  like  penalties 
as  herein  before  provided  for  by  the  original  subscription  or  as  shall  be 
provided  by  their  by-laws. 

Sect.  16.  And  be  it  further  enacted  by  the  authority  aforesaid,  That  of  accounts  of 
the  said  President,  Managers  and  Company,  shall  also  keep  a  just  and  Collectors  of 
true  account  of  all  the  moneys  received  by  their  several  and  respective to11* 
collectors  of  tolls,  and  all  the  moneys  received  for  the  use,  rent  or  hire 
of  water  power  and  all  emoluments,  and  shall  make  and  declare  a  divi¬ 
dend  of  the  clear  profits  and  income  thereof,  among  the  stockholders, 
all  contingent  costs  and  charges  being  first  deducted,  and  shall  on  the 
first  Monday  in  January,  and  the  first  Monday  in  July  every  year  Dividends  to 
publish  the  half  yearly  dividends  made  of  the  clear  profits,  and  the  be  declared, 
time  when  and  where  the  said  will  be  paid  to  the  stockholders,  not 


10 


Abstract  of  ac¬ 
counts  to  be 
laid  before  the 
Legislature. 


Time  for  com¬ 
mencing  and 
completing 
the  work. 


Proviso. 


2d  Provi 


Company  not 
to  engage  in 
other  business 


In  what  case 
fords  or  brid¬ 
ges  shall  be 
made  by  the 
Company. 


exceeding  twenty  days  thereafter,  and  shall  cause  the  same  to  be  paid 
accordingly  ;  and  shall  on  or  before  the  first  Monday  in  January,  annu¬ 
ally,  from  the  passing  of  this  act,  lay  an  abstract  of  the  accounts  of  their 
receipts  and  disbursement  before  the  Legislature,  under  oath  or  affirma¬ 
tion  of  the  President  of  the  Company. 

Sect.  17.  And  be  it  further  enacted  by  the  authority  aforesaid ,  That 
if  the  President,  Managers  and  Company  shall  not  proceed  to^carry  on 
the  work  within  three  years  from  the  passage  of  this  act  and  shall  not 
complete  the  same  within  fifteen  years,  according  to  the  true  intent  and 
meaning  of  this  act,  then  and  in  either  case  all  and  singular  the  rights, 
liberties,  privileges  and  franchises  hereby  granted  to  said  Company, 
shall  revert  to  the  Commonwealth  :  Provided  always ,  that  in  case  of 
forfeiture  or  resumption  by  the  Legislature,  of  the  rights,  liberties,  pri¬ 
vileges  and  franchises  hereby  granted,  nothing  herein  contained  shall 
be  construed  to  work  a  forfeiture  of  the  rights  of  individuals  to  water 
power  under  grants  made  by  the  President,  Managers  and  Company, 
but  the  same  shall  be  held  by  individuals  in  as  full  and  as  ample  a  man¬ 
ner  as  they  might  do  if  no  such  forfeiture  or  resumption  had  taken 
place,  and  in  lieu  of  such  resumption  the  principal  sum  paid  or  secured 
to  be  paid,  when  the  conveyance  has  been  in  fee  simple,  and  the  accru¬ 
ing  rents  and  profits  when  the  said  water  power  has  been  let  for  one  or 
more  years  shall  be  forfeited  to  the  Commonwealth  ;  And  provided  also, 
that  if  the  said  Company  shall  at  any  time  hereafter  misuse  or  abuse 
any  of  the  chartered  privileges  hereby  granted,  the  Legislature  may 
at  any  time  thereafter  resume  all  and  singular  the  rights,  privileges  and 
franchises  hereby  granted  to  the  said  Company. 

Sect.  18.  And  be  it  further  enacted  by  the  authority  aforesaid,  That 
it  shall  not  be  lawful  for  the  Company  hereby  incorporated  to  engage 
directly  or  indirectly  in  any  mining,  manufacturing,  commercial,  bank¬ 
ing  or  monied  concern  or  transaction,  or  in  any  other  business  or  ope¬ 
rations  whatsoever,  than  such  as  may  be  necessary  and  proper  for  a  nav¬ 
igation  or  rail  road  company. 

Sect.  19.  And  be  it  further  enacted  by  the  authority  aforesaid,  That 
whenever  the  said  canal  or  rail  road  shall  cross  any  pubiic  or  private 
laid  out  road  or  highway,  or  shall  divide  the  ground  of  any  person  into 
two  parts,  so  as  to  require  fords  or  bridges  to  cross  the  same,  the  said 
President  and  Managers  shall  be  at  liberty,  as  they  think  proper,  at  any 
time  hereafter,  either  to  build  bridges  or  cause  fords  or  passages  to  be 
rendered  practicable  and  fit  for  the  passage  of  carts  and  wagons,  and 
the  bottom  of  such  fords  and  passages,  shall  be  made  of  stone  or  wood 
or  other  sufficient  materials,  and  the  water  of  any  such  ford  shall  not 
be  deeper  than  thirty  inches  and  breadth  of  such  ford  or  passage  shall 
be  twelve  feet  at  least,  and  whenever  such  bridge  or  bridges  which  may 
have  been  erected,  shall  become  dangerous  or  impassable,  the  said  Pres¬ 
ident  and  Managers  shall  either  repair  the  same,  or  shall  cause  a  ford  or 
passage  to  be  made  in  lieu  thereof. 


Approved — The  seventh  day  of  February,  A.  D.  one  thousand  eight 
hundred  and  twenty-eight. 


J.  ANDW.  SHULZE. 


M 


Additional 


A  SUPPLEMENT 

To  an  Act  authorising  the  Governor  to  incorporate  the  Mill  Creek  and 

Mine  Hill  Navigation  and  Rail  Road  Company ,  approved  the  sev¬ 
enth  day  of  February,  eighteen  hundred  and  twenty-eight. 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  Commonwealth  of  Pennsylvania  in  General  Assembly  met,  and 
it  is  hereby  enacted  by  the  authority  of  the  same,  That  William  Law- 
ton  and  Francis  B.  Nichols,  of  the  Borough  of  Pottsville,  and  Caleb  Co|nmig4s. 
Johnson  and  Stephen  P.  Morris,  of  the  City  of  Philadelphia,  be  and  ers  appointed, 
they  are  hereby  appointed  Commissioners  in  addition  to  those  appoint¬ 
ed  in  the  act,  to  which  this  is  a  supplement,  and  that  the  time  for  ta¬ 
king  subscriptions  for  the  stock  of  said  Company,  be  and  the  same  is 
hereby  extended  to  the  first  day  of  September  next,  after  the  passage  of 
this  act. 

Sect.  2.  And  be  it  further  enacted,  by  the  authority  aforesaid,  That 
when  four  hundred  shares  or  more  of  said  stock  shall  be  subscribed  ?c^ers  to'be 
for,  and  five  dollars  actually  paid  on  each  share,  of  which  the  Commis-  incorporated, 
sioners,  or  a  majority  of  them,  shall  certify,  the  said  subscribers  shall 
be  entitled  to  be  incorporated  as  is  provided  in  the  second  section  of  the 
act  to  which  this  is  a  supplement,  and  the  amount  of  each  share  of  stock 
of  said  Company  shall  be  twenty-five  dollars. 

Sect.  3.  And  be  it  further  enacted  by  the  authority  aforesaid,  That 
the  officers  to  be  chosen,  shall  consist  of  a  President,  six  Managers 0fficers- 
and  one  person  for  Treasurer  and  Secretary,  and  that  a  quorum  shall 
consist  of  a  majority  of  the  Managers. 

Sect.  4.  And  be  it  further  enacted  by  the  authority  aforesaid ,  That 
as  soon  as  there  are  two  miles  of  said  canal  or  rail  road  made,  the  said  when  Com- 
Company  shall  be  entitled  to  receive  toll,  as  is  provided  in  the  eleventh  pany  may  re¬ 
section  of  the  act  to  which  this  is  a  supplement.  ceive  ,o11' 

✓  . 

Approved — The  twenty-third  day  of  April,  one  thousaud  eight  hun¬ 
dred  and  twenty-nine. 

J.  ANDW.  SIIULZE. 


A  FURTHER  SUPPLEMENT 

To  an  act  authorising  the  Governor  to  incorporate  the  Mill  Creek  and 
Mine  Hill  Navigation  and  Rail  Road  Company,  passed  the  seventh 
day  of  February ,  eighteen  hundred  and  twenty-eight. 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Reperesentatives 
of  the  Commonwealth  of  Pennsylvania  in  General  Assembly  met,  and 
it  is  hereby  enacted  by  the  authority  of  the  same ,  That  from  and  after 
the  passage  of  this  law  the  President  and  Managers  of  the  Mill  Creek 
and  Mine  Hill  Navigation  and  Rail  Road  Road  Company,  be  and  they  Rate  of  tol!‘ 
are  hereby  authorised  to  receive  and  charge  one  and  a  half  cents  per 
ton  per  mile,  from  all  persons  using  the  said  canal  or  rail  road :  Provi-  pr0vi9o 
ded,  that  the  whole  of  said  road  shall  be  completed  with  a  double  track, 


/ 


Time  of  com-  within  three  years  from  the  first  day  of  April  next,  in  conformity  to  the 
pletion.  eighth  and  ninth  sections  of  the  act  to  which  this  is  a  further  supplement : 
2d  Proviso.  And  provided ,  that  the  President  and  Managers  of  said  Company 
shall,  within  three  months  after  the  completion  of  said  road,  make  a 
return  to  the  Prothonotary  of  the  county  of  Schuylkill,  to  be  by  him 
cosfoefmroadroffiled  011  record  in  his  office  ^or  hlie  inspection  of  all  those  concerned, 
be  filed  within  under  oath  or  affirmation  of  the  President  and  Secretary,  of  the  actual 
three  months.  COst  of  said  rail  road  and  amount  of  damages  paid  to  individuals  through 
whose  lands  the  said  road  may  pass. 

Sect.  2.  And  be  it  further  enacted  by  the  authority  aforesaid ,  That 
Right  of  own.  the  Company  shall  not  prevent  any  person  or  persons,  being  the  owner 
uous°  tends  *fo  or  owners  ^and  bordering  on  the  said  rail  road,  or  adjacent  thereto, 
make  and  con- from  making  such  lateral  rail  roads,  and  to  connect  them  with  said  rail 
nect  lateral  r0ad  from  their  said  lands,  as  the  said  person  or  persons  may  conceive 
rail  roads.  necessary  for  the  purpose  of  transporting  their  coal  or  produce  down  or 
Proviso.  up  the  said  rail  road  :  Provided ,  that  when  any  such  lateral  roads  may 
be  made,  they  shall  be  so  constructed,  as  not  to  do  any  injury  to  the 
main  rail  road. 

Approved — -The  twenty-ninth  day  of  January,  A.  D.  one  thousand 
eight  hundred  and  thirty.  GEO.  WOLF. 


A  FURTHER  SUPPLEMENT 

To  an  act  entitled u  An  Act  authorising  the  Governor  to  incorporate  the 
Mill  Creek  and  Mine  Hill  Navigation  and  Rail  Road  Company  f 
passed  the  seventh  day  of  February ,  A.  D.  one  thousand  eight  hun¬ 
dred  and  twenty-eight. 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  Commonwealth  of  Pennsylvania  in  General  Assembly  met ,  and 
it  is  hereby  enacted  by  the  authority  of  the  same ,  That  the  Mill  Creek 
and  Mine  Hill  Navigation  and  Rail  Road  Company,  from  and  after  the 
passing  of  this  act,  may  in  lieu  of  the  tolls  the  said  Company  are  au- 
Rates  of  toll  thorised  to  charge  and  receive  by  the  act  incorporating  the  said  Compa- 
estartishednd  n^’  Passed  seventh  day  of  February,  A.  D.  eighteen  hundred  and 
twenty-eight,  levy  and  receive  tolls  on  all  goods,  wares  and  merchandise 
and  commodities  of  whatsoever  kind,  passing  over  the  said  rail  road,  or 
persons  traveling  on  the  same,  at  the  following  rates,  that  is  to  say — 
on  each  ton  of  produce,  coal  or  other  minerals,  or  of  any  other  goods, 
wares  and  merchandise  or  commodities  of  what  kind  soever,  not  exceed^ 
ing  two  and  a  half  cents  jper  ton,  per  mile ;  on  each  horse  not  employed 
in  drawing  a  car  or  carriage  on  whiclT  toll  is  charged,  one  cent  per 
mile  ;  on  each  horse  and  its  rider,  not  exceeding  one  cent  per  mile ;  on 
each  person  drawn  in  a  car  or  carriage  other  than  the  rider,  not  exceed¬ 
ing  one  cent  per  mile ;  all  fractions  not  less  than  half  a  ton  to  be  con¬ 
sidered  a  ton,  and  if  less  than  half  a  ton  to  be  rated  at  that  weight,  all 
fractions  of  half  a  mile  injdistance,  to  be  rated  at  half  a  mile;  and  be¬ 
sides  the  toll  so  to  be  charged,  it  shall  be  lawful  for  the  said  Company 


13 


to  demand  and  receive,  for  the  use  of  the  collector  of  tolls  on  the  said 
road  for  the  time  being,  and  as  a  compensation  for  weighing  and  book-  Allowance  for 
ing  all  coal  or  other  minerals  which  may  pass  over  the  said  road,  the  weighing, &c. 
further  sum  of  not  exceeding  one  cent  per  ton  on  said  coal  or  other 
minerals  so  transported  on  the  said  road,  in  consideration  of  which,  he 
shall  at  all  reasonable  times,  when  so  requested,  exhibit  to  any  person 
or  persons  interested  therein,  the  accounts  of  said  coal  or  other  mine- 
rals  so  transported  as  aforesaid,  and  deliver  to  him  or  them  a  certified  empiycarsPie” 
copy  thereof  without  fee  or  reward,  and  that  the  Company  shall  not  be  turning, 
authorised  to  charge  toll  on  empty  coal  cars,  returning  from  the  land¬ 
ings  to  the  mines  :  Provided,  that  the  whole  of  said  rail” road  shall  be  Proviso, 
completed,  with  double  track,  within  two  years  from  and  after  the  pas- Road  to  be 
sage  of  this  act,  in  conformity  to  the  eighth  and  ninth  sections  of  the  ^  "J,p  double 
act  to  which  this  is  a  further  supplement.  track  within 

Sect.  2.  And  be  it  further  enacted  by  the  authority  aforesaid ,  That two  years* 
the  privileges  granted  by  the  seventh  section  of  the  act  of  Assembly,  pnvj]eges  of 
passed  the  third  day  of  April,  A.  D.  eighteen  hundred  and  thirty-two,  7th  sect,  ofact 
to  the  Mine  Hill  and  Schuylkill  Haven  Rail  Road  Company,  and  ex_ 32 d expend’ 
tended  by  the  ninth  section  of  the  same  act  to  the  President  and  Mana-  ed  ’to  this 
gers  of  the  Danville  and  Pottsville  Rail  Road  Company,  the  Mount  Company . 
Carbon  Rail  Road  Company,  the  Little  Schuylkill  Navigation  Rail  Road 
and  Coal  Company,  and  the  Little  Schuylkill  and  Susquehanna  Rail 
Road  Company,  be  and  the  same  are  hereby  extended  to  the  Mill  Creek 
and  Mine  Hill  Navigation  and  Rail  Road  Company. 

Approved — The  twenty-eighth  day  of  J anuary,  Anno  Domini,  eigh¬ 
teen  hundred  and  thirty-three.  GEO.  WOLF. 


A  FURTHER  SUPPLEMENT 

To  an  act  entitled  uAn  Act  authorising  the  Governor  to  incorporate  the 
Mill  Creek  and  Mine  Hill  Navigation  and  Rail  Road  Company , 
passed  February  seventh ,  eighteen  hundred  and  twenty-eight. 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  Commonwealth  of  Pennsylvania ,  in  General  Assembly  met% 
and  it  is  hereby  enacted  by  the  authority  of  the  same ,  That  the  stock¬ 
holders  of  the  Mill  Creek  and  Mine  Hill  Navigation  and  Rail  Road  Com¬ 
pany,  may  after  twenty  days’  notice  of  the  time  and  place,  in  the  pa¬ 
pers  mentioned  in  the  act  to  which  this  is  a  supplement,  hold  an  elec- 
tion  for  all  the  officers  they  are  now  by  law  entitled  to  elect,  who  shall  |e£f  officers** 
continue  in  office  until  others  are  chosen,  according  to  the  provisions  of  provided  for. 
the  law  incorporating  the  said  Company ;  and  the  officers  so  chosen 
shall  have  and  possess  the  same  power  they  would  have  had,  if  elected 
on  the  day  prescribed  by  the  said  law ;  and  the  said  Company  shall  not 
forfeit  or  lose  any  of  its  rights,  liberties  or  francises,  by  having  neglec-  prov|eo 
ted  to  elect  officers  on  the  day  prescribed  by  law  :  Provided  further , 
that  if  it  shall  happen  that  the  stockholders  of  said  Company  should 


14 


Similar  ne-  not  elect  officers  for  said  Company,  on  the  day  mentioned  in  the  act  in- 
agtinst  ^ corporating  said  Company,  their  charter  shall  not  on  that  account  be  for- 
ture.  feited,  but  may  hold  the  said  election  at  any  time  thereafter  by  giving 

notice  as  prescribed  in  the  said  act. 

Approved — The  sixth  day  of  March,  Anno  Domini,  eighteen  hun¬ 
dred  and  thirty-three.  GEO.  WOLF. 


A  FURTHER  SUPPLEMENT 

To  an  act  entitled  “An  Act  authorising  the  Governor  to  incorporate 
the  Mill  Creek  and  Mine  Hill  Navigation  and  Rail  Road  Compa¬ 
ny,  passed  the  seventh  day  of  February ,  Anno  Domini ,  one  thou¬ 
sand  eight  hundred  and  t even ty -eight . 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa¬ 
tives  of  the  Commonwealth  of  Pennsylvania  in  General  Assembly 
met ,  and  it  is  hereby  enacted  by  the  authority  of  the  same.  That  the 
Construct  sub-  Mill  Creek  and  Mine  HillNavigation  and  Rail  Road  Company  are  here- 
sumtial  j-aU  by  authorised  to  construct  good  and  substantial  rail  roads,  with  a  suffi- 
branches.  3  cient  number  of  lateral  branches,  to  accommodate  the  trade  from  about 
the  junction  of  the  present  Little  Wolf  Creek  branch  rail  road  with  the 
said  Company’s  road  to  the  upper  coal  mines  on  said  Little  Wolf  Creek, 
and  also  from  where  the  present  lateral  road  leading  to  the  landings  in 
the  town  of  Port  Carbon,  leaves  the  main  road  to  Coal  street  in  said 
town,  a  distance  of  about  two  hundred  yards,  subject  to  the  same  regu¬ 
lations  and  restrictions  as  are  provided  in  the  act  to  which  this  is  a  sup¬ 
plement,  and  the  several  supplements  thereto. 

Sect.  2.  The  time  allowed  for  finishing  the  second  track  of  said 
eduf  l sf  ja!!- Mill  Creek  and  Mine  Hill  Navigation  and  Rail  Road,  be  and  is  hereby 
uary,  1841.  extended  to  the  first  day  of  January,  one  thousand  eight  hundred  and 
forty-one. 

M  Sect.  3.  The  said  Company  may  increase  the  toll  on  said  branch 

toil.  mereaserail  roads  until  they  yield  fifteen  per  cent,  on  the  capital  invested  in 
Proviso.  said  branch  roads  :  Provided ,  that  in  no  event  shall  the  toll  exceed 
four  cents  per  ton  per  mile  in  that  proportion  for  the  distance  actually 
2d  Proviso,  traveled  on  them  and  no  more  :  And  provided  also ,  that  the  said  Com¬ 
pany  shall  file  their  intentions  to  accept  both  or  either  of  the  branch 
roads  mentioned  in  the  first  section  of  this  act,  in  the  office  of  the  Sec¬ 
retary  of  the  Commonwealth,  and  shall  commence  the  work  within  sixty 
days  after  the  passage  of  this  act,  otherwise  this  act  to  be  null  and  void. 

Approved — The  eleventh  day  of  April,  Anno  Domini  eighteen  hun¬ 
dred  and  thirty-five.  GEO.  WOLF. 


15 


A  FURTHER  SUPPLEMENT 

7 o  the  act  entitled  “An  Act  authorising  the  Governor  to  incorporate 
the  Wallenpaupack  Improvement  Company and  for  other  purposes. 

Sect.  7.  And  be  it  further  enacted  by  the  authority  aforesaid ,  That 
the  Mill  Creek  and  Mine  Hill  Navigation  and  Rail  Road  Company,  Na^ 

may  receive  tolls  not  exceeding  four  cents  per  ton  per  mil e,  on  theviganon  and 
branch  roads  of  the_said_Compaiiyj  and  that  the  third  section  of  the  Railroad  Co. 
supplementary  act  to  the  act  authorising  the  incorporation  of  the  sa^^e  'ea^of 
Company,  passed  the  eleventh  day  of  April,  eighteen  hundred  and  thir- pHer^ cer- 
ty-five,  and  so  much  of  the  fourth  section  of  the  act  of  incorporation,  as  lain  arts, 
requires  notice  of  the  annual  election  for  officers  of  said  Company,  to  Legislature 
be  given  in  two  papers  in  Berks  county,  and  two  papers  in  the  city  of 
Philadelphia,  be,  and  the  same  are  hereby  repealed,  and  the  Legisla-)ate  and  re- 
ture  reserves  the  right  to  regulate  and  reduce  the  tolls  hereby  author- duce  tolls- 
ised. 

Approved — The  first  day  of  April,  Anno  Domini,  eighteen  hundred 
and  thirty-seven.  JOS.  RITNER. 


A  FURTHER  SUPPLEMENT 

To  the  act  incorporating  the  Mill  Creek  and  Mine  Hill  Navigation 
and  Rail  Road  Company. 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  Commonwealth  of  Pennsylvania  in  General  Assembly  met ,  and 
it  is  hereby  enacted  by  the  authority  of  the  some,  That  it  shall  and  may 
be  lawful  for  the  Mill  Creek  and  Mine  Hill  Navigation  and  Rail  Road 
Company,  to  open,  widen,  and  alter  their  railway,  and  extend  the  same 
across  the  river  Schuylkill  to  form  a  connection  with  the  Mount  Car¬ 
bon  and  Port  Carbon  rail  road,  and  that  they  may  change  the  location 
and  direction  of  the  same  at  any  place  between  the  points  of  beginning 
and  ending  specified  in  their  charter,  including  the  present  extension 
across  the  river  Schuylkill,  so  that  it  shall  not  be  more  than  five  rods 
wide,  except  at  points  for  depots  and  engine  stations,  where  it  may  be, 
if  necessary,  eight  rods  wide ;  that  the  said  road  may  cross  the  river 
Schuylkill  wherever  the  Managers  may  deem  it  expedient,  subject  in 
all  cases  to  the  damages  expressed  in  their  charter  :  Provided ,  that  the 
said  Company  shall  keep  up  and  in  repair,  for  constant  use,  as  a  branch 
road,  the  old  rail  road  leading  to  the  landings  on  the  river  Schuylkill, 
from  a  point  from  where  the  road  authorised  to  be  constructed  by  this 
act  will  diverge  from  the  present  rail  road,  near  the  house  of  William 
Kiehner,  in  the  town  of  Port  Carbon. 

Sect.  2.  That  the  said  Company  shall  not  be  compelled  to  lay  a 
double  track  until  the  Managers  may  think  the  business  on  said  road 
will  require  it,  but  the  widening  and  re-laying  of  one  track  with  proper 
turn-outs,  shall  be  completed  within  eighteen  months  from  the  passage 
of  this  act. 


16 


Sect.  3.  That  if  the  said  Company  exclude  horse  power  from  said 
road,  they  shall  transport  the  loaded  cars  of  all  persons  by  locomotive 
steam  engines,  receiving  said  cars  at  the  uppermost  point  to  which  the 
locomotives  shall  travel  and  deliver  the  same  at  the  turn-out  leading  to 
the  landings  at  Port  Carbon,  or  at  the  junction  of  the  Mill  Creek  and 
Mine  Hill  and  Mount  Carbon  and  Port  Carbon  rail  roads,  as  the  own¬ 
ers  of  said  cars  shall  direct,  and  they  shall  charge  for  the  motive  power, 
at  a  rate  not  exceeding  two  cents  per  ton  per  mile  on  coal  and  other  : 
minerals  and  fossils,  and  they  shall  return  the  empty  cars  without  fur¬ 
ther  charge. 

Sect.  4.  That  all  the  rights,  privileges  and  immunities,  granted  to 
this  Company  in  their  original  charter,  and  in  the  several  supplements 
thereto,  from  time  to  time  enacted,  be  and  the  same  are  hereby  revived, 
extended  and  confirmed. 

Sect.  5.  That  so  much  of  the  act  or  acts  incorporating  the  Mill  Creek 
and  Mine  Hill  Navigation  and  Rail  Road  Company,  and  the  several 
supplements  thereto,  as  is  inconsistent  with  the  provisions  of  this  act, 
be  and  the  same  are  hereby  repealed. 

Approved — the  seventh  day  of  April,  eighteen  hundred  and  forty- 
five.  FRS.  R.  SHUNK. 


Seventh  Section  of  the  Act  of  April  3d,  1832,  referred  to  in  the  Text . 


How  recover 
e<l. 


Sect.  7.  And  be  it  further  enacted  by  the  authority  aforesaid.  That 
if  any  person  or  persons  shall  wilfully  infringe  or  fail  to  comply  with 
any  of  the  following  rules  and  regulations,  established  for  the  due  or¬ 
dering  of  all  traveling  and  transportation  on  the  said  road,  and  the  pre¬ 
servation  of  the  same,  the  said  person  or  persons  so  offending  shall  be 
fongement  'of  to  pay,  for  the  use  of  said  Company,  the  penalty  not  exceeding 

rules,  &c.  the  sum  of  five  dollars  for  each  violation  or  neglect  of  said  rules  and 
regulations,  to  be  recovered  by  the  said  Company,  or  any  one  suing  in 
their  behalf  before  a  Justice  of  the  Peace,  as  in  the  case  of  debts  un¬ 
der  one  hundred  dollars,  viz  :  all  traveling  shall  ascend  and  descend  on 
the  track  prescribed  by  the  Company  j  no  car  or  carriage  shall  use  the 
*  said  road  until  numbered  and  registered  by  the  officer  appointed  by  the 
Company  for  that  purpose )  any  car  or  carriage  having  a  tendency  to 
run  from  the  road,  or  otherwise  injure  the  road,  shall  be  immediately 
removed ;  no  car  or  carriage  shall  be  loaded  on  the  road,  or  stop,  so  as 
Company  to  to  impede  the  traveling  thereon  ;  no  car  or  carriage  or  other  temporary 
regulate  cars,  obstruction,  shall  be  left  within  three  feet  of  the  carriage  tracks,  nor  any 
fixture  of  any  kind  shall  be  put  up  so  as  to  interfere  with  the  breadth' 
of  the  road  as  authorised  by  law ;  no  person  shall  cut  into,  intersect  or 
Specific  regu-  alter  any  part  of  the  road,  within  its  legal  boundaries,  without  permis¬ 
sion  of  the  Board  of  Managers ;  all  cars  or  carriages  must  stop  at  the 
scales  to  be  weighed,  and  the  tolls  paid  whenever  demanded ;  all  trav¬ 
eling  on  the  road  shall  be  in  conformity  with  such  rates  of  speed  as  the 
Board  of  Managers  may  from  time  to  time  appoint ;  no  car  or  other 
carriage  shall  pass  on  the  said  road,  which  will  weigh  with  its  loading 


17 


a  weight  greater  than  that  which  may  from  time  to  time  be  prescribed 
by  the  rules  of  the  Company  ;  Provided ,  that  nothing  herein  contained  provjvo 
shall  prevent  the  said  Company,  notwithstanding  they  may  have  sued 
for  and  recovered  the  penalties  aforesaid,  from  pursuing  other  appro-  Certain  pnvi- 
priate  remedies  at  law,  nor  prevent  the  stud  Company  from  repealing,  ^corapwly* 
altering  or  modifying  any  of  the  said  rules  and  regulations,  as  expe¬ 
rience  may  shew  to  be  expedient. 


A  FURTHER  SUPPLEMENT 

To  the  act  incorporating  the  Mill  Creek  and  Mine  Hill  Navigation 
and  Rail  Road  Company. 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  Commonwealth  of  Pennsylvania  in  General  Assembly  met ,  and 
it  is  hereby  enacted  by  the  authority  of  the  same ,  That  it  shall  and  Exten(jed 
may  be  lawful  for  the  Mill  Creek  and  Mine  Hill  Navigation  and  Rail  road. 

Road  Company,  to  extend  their  rail  road  from  the  present  terminus, 
to  the  upper  coal  mines  on  said  Mill  Creek,  or  to  any  point  or  points 
that  they  may  deem  most  convenient  upon  the  land  of  the  Broad  Moun¬ 
tain  Rail  Road,  upon  said  creek,  not  exceeding  in  distance  six  miles,  and 
and  to  lay  out,  construct  and  build  the  same,  with  one  or  more  good  and 
substantial  tracks,  and  a  sufficient  number  of  lateral  roads  or  bran¬ 
ches,  not  exceeding  three  miles  each  in  length,  to  accommodate  the 
trade  of  the  entire  road,  and  for  that  purpose  they  may  increase  their 
capital  stock,  or  borrow  one  hundred  and  fifty  thousand  dollars,  subject 
to  the  same  regulations  and  restrictions  as  are  provided  in  the  act  to 
which  this  is  a  supplement  thereto. 

Sect.  2.  That  any  person  or  persons  shall  have  the  right  of  connect-  Right  of  con¬ 
ing  lateral  roads  with  said  rail  road,  subject  to  the  rules  and  regulations  acting  with 
which  may  from  time  to  time  be  adopted  by  the  said  corporation  :  Pro - the  road” 
vided}  That  when  such  lateral  roads  may  be  made,  they  shall  be  so  con¬ 
structed  as  not  to  do  any  injury  to  the  main  rail  road. 

JAMES  COOPER, 

Speaker  of  the  House  of  Representatives.. 

CH.  GIBBONS, 

Speaker  of  the  Senate. 

Approved — The  eighteenth  day  of  February,  one  thousand  eight 
hundred  and  forty-seven.  FRS.  R.  SHUNK. 


AN  ACT 

Relative  to  the  Wills  Hospital  for  the  relief  of  the  Indigent  Blind  and 
Lame  ;  and  also  in  reference  to  the  Mill  Creek  and  Mine  Hill  Rail 
Road  Company  ;  to  the  Election  of  School  Directors  in  the  First 
School  District ;  to  the  Division  Line  between  certain  Counties ;  to 
the  introduction  of  Powder  into  the  City  of  Philadelphia  ;  and  to 
the  Townships  of  Fair  field  and  Summit  Hill ,  Crawford  County. 


Sect.  2.  That  it  may  be  lawful  for  the  Mill  Creek  and  Mine  Hill  ■  ^ 
Navigation  and  Rail  Road  Company  to  construct  a  rail  road  from  anyam)  ” 


18 


Navigation  point  on  their  present  rail  road,  which  they  may  deem  most  expedient, 
and  Rail  Road  to  the  upper  coal  mines  on  said  Mill  Creek,  or  to  any  point  or  points 
construct^ ad-  ^at  they  may  deem  most  convenient  upon  the  land  of  the  Broad 
ditional  road.  Mountain  Rail  Road  Company,  upon  said  creek,  and  for  that  purpose 
they  may  increase  their  capital  stock  beyond  its  present  amount,  two 
hundred  thousand  dollars,  with  all  the  powers  and  privileges,  and  sub¬ 
ject  to  the  same  regulations  and  restrictions  as  are  provided  in  the  act 
incorporating  said  company,  approved  the  seventh  day  of  February, 
one  thousand  eight  hundred  and  twenty-eight,  and  the  several  supple¬ 
ments  thereto.  WM.  F.  PACKER, 

Speaker  of  the  House  of  Representatives. 

WM.  F.  JOHNSTON, 
Speaker  of  the  Senate. 

Approved — The  eleventh  day  of  April,  one  thousand  eight  hundred 
and  forty-eight.  FRS.  R.  SHUNK. 


A  FURTHER  SUPPLEMENT 

To  an  act  entitled  il  An  Act  authorising  the  Governor  to  incorporate  the 
Mill  Creek  and  Mine  Ilill  Navigation  and  Rail  Road  Company  y 
passed  the  seventh  day  of  February ,  Anno  Domini ,  one  thousand 
eight  hundred  and  twenty-eight ,  and  in  relation  to  Orphans  Court 
Deeds. 


Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  Commonwealth  of  Pennsylvania  in  General  Assembly  met ,  and 
it  is  hereby  enacted  by  the  authority  of  the  same ,  That  the  Mill  Creek 
and  Mine  Hill  Navigation  and  Rail  Road  Company  be  and  they  are 
hereby  authorised  and  empowered  to  extend  and  continue  their  rail  road 
fro,m  its  present  upper  terminus  to  the  town  of  Shamokin,  in  the  county 
of  Northumberland,  by  the  most  eligible  route  that  may  be  determined 
by  the  engineers  of  said  company;  and  for  the  purpose  of  enabling  the 
said  company  to  carry  out  the  provisions  of  this  act,  and  to  accomplish 
the  object  of  their  incorporation,  the  capital  stock  of  said  company  be 
increased  in  such  manner,  and  at  such  times  as  the  Board  of  Managers 
of  said  company  may  determine,  to  an  amount  net  exceeding  seven 
hundred  thousand  dollars,  in  addition  to  the  previous  capital  of  said 
company :  Provided ,  said  extension  shall  be  commenced  within  one 
year  after  the  pa£sage  of  this  act,  and  be  completed  within  three  years 
from  its  commencement. 


WM.  F.  PACKER, 
Speaker  of  the  House  of  Representatives. 

GEORGE  DARSIE, 
Speaker  of  the  Senate. 

Approved — The  ninth  day  of  April,  one  thousand  eight  hundred 
and  forty-nine. 

WM.  F.  JOHNSTON. 


19 


AN  ACT 

To  authorise  the  sale  of  the  Allegheny  Bridge  at  Warren  )  relative  to 
the  Mill  Creek  and  Mine  Hill  Navigation  and  Rail  Road  Company; 
and  to  divorce  Aquilla  Anderson  from  the  bonds  of  Matrimony. 
Sect.  2.  That  the  Mill  Creek  and  Mine  Hill  Navigation  and  Rail 
Road  Company  be  and  they  are  hereby  authorised  and  empowered  to 
extend  and  continue  their  rail  road  from  any  point  on  the  main  line, 
or  New  Boston  extension  of  the  same,  to  the  town  of  Girardville,  in 
Butler  township,  Schuylkill  county,  by  the  most  eligible  route  deter¬ 
mined  upon  by  the  engineers  of  said  Company. 

Sect.  3.  That  for  the  purpose  of  enabling  the  said  Company  to  ex¬ 
tend  their  railway  as  aforesaid,  the  capital  of  the  Mill  Creek  and  Mine 
Hill  Navigation  and  Rail  Road  Company  may  be  increased  by  an  issue 
of  stock  of  said  Company,  the  whole  amount  of  said  increase  not  to  ex¬ 
ceed  the  sum  of  three  hundred  and  fifty  thousand  dollars,  at  the  par 
value  of  each  share  j  and  may  and  are  hereby  authorised,  if  they  may 
deem  it  expedient,  to  extend  and  continue  the  said  rail  road  from  the 
said  town  of  Girardville  through  the  town  of  Ashland,  to  a  point  in  or 
near  the  Locust  Gap,  in  Northumberland  county,  and  connect  the  game 
with  any  rail  road  that  may  be  constructed  from  such  point,  to  the  Sus¬ 
quehanna  rive; ;  and  for  the  purpose  of  enabling  the  said  Company  to 
make  said  extensions,  the  capital  stock  of  said  Company  may  be  in¬ 
creased  to  an  amount  not  exceeding  seven  hundred  thousand  dollars. 

Sect.  4.  That  if  the  Managers  of  the  said  Mill  Creek  and  Mine  Hill 
Navigation  and  Rail  Road  Company  shall  think  it  more  advantageous  to 
the  interest  of  said  Company  to  raise  the  necessary  funds  for  the  exten¬ 
sion  by  means  of  a  loan,  in  preference  to  an  issue  of  stock,  they  are  here¬ 
by  authorised  and  empowered  to  borrow,  at  such  times  and  in  such 
amounts  as  they  may  determine,  a  sum  of  money  not  exceeding,  in  the 
whole,  the  sum  of  three  hundred  and  fifty  thousand  dollars,  at  any  rate 
of  interest  not  exceeding  six  per  cent.,  and  for  such  time  as  the  said 
Managers  may  prefer. 

Sect.  5.  That  if  in  the  said  extension  of  said  Mill  Creek  and  Mine 
Hill  Navigation  and  Rail  Road  Company  it  shall  be  found  of  advantage 
to  use  all  or  any  portion  of  the  grade  of  any  rail  road,  incorporated  or 
ortherwise,  it  shall  and  may  be  lawful  for  the  Managers  of  said  Company 
to  purchase  said  grade  from  any  incoporated  Company,  or  private  indi¬ 
vidual  or  individuals,  at  any  sum  or  price  the  said  parties,  sellers  and 
purchasers  may  be  able,  mutually,  to  agree  upon ;  and  upon  said  pur¬ 
chase,  the  franchises  belonging  to  said  grade,  if  any  do  so  belong, 
shall  be  absolutely  vested  in  the  Mill  Creek  and  Mine  Hill  Navigation 
and  Rail  Road  Company,  subject  to  the  provisions  and  requirements  of 
the  charter  of  said  Company. 

Sect.  6.  That  if  in  the  said  extension  of  said  Mill  Creek  and  Mine 
Hill  Navigation  and  Rail  Road  Company,  it  shall  be  found  advisable  to 
use  planes  on  any  portion  of  the  same,  it  shall  and  may  be  lawful  for 
the  Managers  of  said  Company  to  purchase  all  the  necsssary  machinery 
to  properly  work  said  planes.  J.  S.  McCALMONT. 

Speaker  of  the  House  of  Representatives. 

V.  BEST, 

Speaker  of  the  Senate. 


20 


We  do  hereby  ceritfy  that  the  bill  entitled  an  “Act  to  authorise  the 
sale  of  the  xUlegheny  bridge  at  Warren ;  relative  to  the  Mill  Creek  and 
Mine  Hill  Navigation  and  Kail  Koad  Company ;  and  to  divorce  Acquilia 
Anderson  from  the  bonds  of  matrimony/ ’  was  presented  to  the  Gover¬ 
nor  on  the  thirtieth  day  of  April,  one  thousand  eight  hundred  and  fifty, 
and  was  not  returned  within  ten  days  (Sundays  excepted)  after  it  had 
been  presented  to  him ;  wherefore  it  has,  agreeably  to  the  Constitution 
of  this  Commonwealth,  become  a  law  in  like  manner  as  if  he  had 
signed  it. 

WILLIAM  JACK, 
Clerk  of  the  House  of  Representatives. 
SAM L.  W.  PEARSON, 
Clerk  of  the  Senate . 


